PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
Acceptance of the Terms of Service
SOUND SPORTS IMAGING, LLC (our “Company”, “we”, “us”, or “our”) provides a digital imaging and communication platform. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of our platform and all software, applications or application plug-ins, features, functionality, and content provided through
(collectively, our "Website"), whether as a guest or a registered user (collectively, our “Services”). “You” and “your” refer to you, as a user of our Services.
Our Services are offered and available to users who: (i) are 18 years of age; (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (iii) reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you are of legal age to form a binding contract with our Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
These Terms of Service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
YOU AGREE AND ACKNOWLEDGE THAT: (I) YOU WILL NOT PROVIDE, USE, OR INCORPORATE ANY PROTECTED HEALTH INFORMATION (“PHI”), AS THAT TERM IS DEFINED IN THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), WITHIN THE SERVICES; (II) YOU ARE SOLELY RESPONSIBLE FOR THE PRIOR DE-IDENTIFICATION (AS THAT TERM IS DEFINED UNDER HIPAA) OF ALL IMAGES, MATERIALS, AND INFORMATION YOU PROVIDE, USE, OR INCORPORATE WITHIN THE SERVICES; (III) THE SERVICES ARE NOT INTENDED OR SUITABLE FOR DELIVERING MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; AND (IV) ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED OUTSIDE OF THE SERVICES IS PROVIDED SOLELY BY YOU IN YOUR CAPACITY AS A HEALTHCARE PROVIDER AND THAT OUR COMPANY IS NOT LIABLE IN ANY CAPACITY FOR ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR ANY MALPRACTICE OR SUBSTANDARD CARE.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time, in our sole and absolute discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access our Services so that you are aware of any changes to these Terms of Service, as they are binding on you. It is your responsibility to review these Terms of Service periodically. If you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use OUR Services.
You agree to pay all applicable fees related to your use of our Services. You agree that we may suspend or terminate your account and/or access to our Services, in our sole and absolute discretion, if your payment is late and/or your offered payment method (e.g., credit card or linked PayPal account) cannot be processed. By providing a payment method (including your credit card information, email, postal address, or other required information), you expressly authorize us to charge all applicable fees to you by such payment method, as well as taxes and other charges incurred in connection with the Services you utilize. By submitting such payment information, you represent and warrant that you have the legal right to use the payment method you provide.
USE OF INFORMATION
With respect to our provision of the Services, you may provide us with certain personal information (such as name, postal address, e-mail address, or telephone number) and other information related to your athletic activities. By providing such information to us, you verify that such information is true and accurate as of the date of submission.
Accessing our Services and Account Security
We reserve the right to withdraw or amend our Services, and any functionality or material we provide through our Services, in our sole and absolute discretion, without notice. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or the entirety of our Services, to users, including registered users.
You are responsible for:
making all arrangements necessary for you to have access to our Services; and
ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. If registration is required for access to our Services, you agree: (a) that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password, or other security information; (b) to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security; and (c) to ensure that you exit from your account at the end of each session. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole and absolute discretion, for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
Our Services (including, without limitation, all aggregate and derivative data, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by our Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material accessed through our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes;
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or Mobile Device; provided, however, that you agree to be bound by these Terms of Service or similar agreement for such applications; and
If we provide social media features through our Services with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from our Services;
Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of these Terms of Service, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any Company content is transferred to you, and all rights not expressly granted are reserved by our Company. Any use of our Services not expressly permitted by these Terms of Service constitutes a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Our Company’s name and certain other names, logos, and phrases used in connection with our Services, and all related names, logos, product and service names, designs, and slogans are trademarks of our Company or its affiliates or licensors. You will not use such marks without the prior written permission of our Company. All other names, logos, product and service names, designs, and slogans used in connection with our Services are the trademarks of their respective owners.
You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use our Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the terms set forth in these Terms of Service;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation;
To impersonate or attempt to impersonate our Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm our Company or users of our Services or expose them to liability.
Additionally, you agree not to:
Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including such person’s ability to engage in real time activities through our Services;
Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material provided through our Services;
Use any manual process to monitor or copy any of the material provided through our Services or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of our Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Website is stored, or any server, computer, or database connected to our Services;
Attack our Website via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of our Services.
Our Services may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through our Services.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post through our Services will be considered non-confidential and non-proprietary. By providing any User Contribution within our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
All of your User Contributions do and will comply with applicable law and these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not our Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Services.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason, in our sole and absolute discretion;
Take any action with respect to any User Contribution that we deem necessary or appropriate, in our sole and absolute discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Services or the public, or could create liability for our Company;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of our Services; and
Terminate or suspend your access to all or part of our Services for any or no reason, including, without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OUR COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OUR COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted in connection with our Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section entitled “Monitoring and Enforcement; Termination.”
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person, or organization; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement; DMCA NOTICES
If you believe that any User Contributions or other content within the Services violate your copyright, you must send us a notice of copyright infringement and we will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. It is the policy of our Company to terminate the user accounts of repeat infringers. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (4) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Reliance on Information Posted
The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of our Services, or by anyone who may be informed of any of its contents.
Our Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by our Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of our Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Certain content expresses the views of our Company and its employees and agents only and no other person or entity. Reliance on such content will be on an “as is” basis. You may not rely on the quality, accuracy, or reliability of any content.
Changes to our Services
We may update the content of our Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material provided through our Services may be out of date at any given time and we are under no obligation to update such material.
Linking to our Website and Social Media Features
You may link to our homepage, so long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on our Website;
Send e-mails or other communications with certain content, or links to certain content, on our Website; or
Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause our Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
Link to any part of our Website other than the homepage; or
Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Service.
Our Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from our Services
If our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked within our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of our Services is based in the State of Arizona in the United States. We provide our Services for use only by persons located in the United States. We make no claims that our Services or any of its content are accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access our Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any interaction with our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OUR COMPANY NOR ANY PERSON ASSOCIATED WITH OUR COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, NON-INFRINGEMENT, TITLE, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER OUR COMPANY NOR ANYONE ASSOCIATED WITH OUR COMPANY REPRESENTS OR WARRANTS THAT OUR SERVICES, CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
OUR COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
OBTAINING ANY MATERIALS THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
Limitation on Liability
IN NO EVENT WILL OUR COMPANY, ITS AFFILIATES, OR ANY OTHER RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT PROVIDED THROUGH OUR SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SUCH LIMITATION OF LIABILITY WILL INCLUDE, WITHOUT LIMITAITON, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THESE TERMS OF SERVICE AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless our Company, its affiliates, subsidiaries, licensors, and service providers, and each of its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or applicable law, your User Contributions, or your or use of our Services.
DISPUTE RESOLUTION BY BINDING ARBITRATION; GOVERNING LAW
PLEASE READ THIS BINDING ARBITRATION REQUIREMENT CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE TO ARBITRATE ALL disputes and claims
For the purposes of this arbitration agreement, references to our Company and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by AGREEING TO these Terms of Service, you and our Company are each waiving the right to a trial by jury or to participate in a class action.
These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written notice of any Dispute (“Notice”) to the other party. A Notice to our Company should be addressed to the address set forth on our Website and must describe the nature and basis of the Dispute and set forth the specific relief sought (“Demand”). If our Company and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or our Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by our Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or our Company is entitled.
All unresolved Disputes will be determined and settled by binding arbitration before an independent arbitrator selected by the parties. The arbitration hearing will occur at a time and place convenient to the Parties in Maricopa County, Arizona, within 30 days of selection or appointment of the arbitrator. The arbitration will be governed by applicable rules of the American Arbitration Association (“AAA”) in effect on the date of the first notice of demand for arbitration. Notwithstanding any provisions in such rules to the contrary, the arbitrator will issue findings of fact and conclusions of law, and an award, within 15 days of the date of the hearing, unless the parties otherwise agree. The Parties will select the arbitrator from a panel list made available by the AAA. If the Parties are unable to agree to an arbitrator within ten days of expiration of the 30-day negotiation period referenced above, the arbitrator will be chosen by alternatively striking from a list of five arbitrators obtained by our Company from the AAA. The party that delivered the Notice will have the first strike.
The prevailing or successful party to any Dispute is entitled to recover all expenses of arbitration, including, without limitation, reasonable attorneys’ fees, witness fees, administrative fees, and arbitrator’s fees.
You waive any and all objections to the exercise of jurisdiction over you by any courts and to venue in such courts pursuant to the foregoing arbitration agreement.
Limitation on Time to File Claims
ANY DISPUTE OR OTHER CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of or by our Company of any term or condition set forth in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of our Company to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
BY USING OR ACCESSING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Your Comments and Concerns
Our Services are provided by SOUND SPORTS IMAGING, LLC.
All DMCA notices and other notices of copyright infringement claims should be directed to:
All other feedback, comments, requests for technical support, and other communications relating to our Services should be directed to:
Thank you for choosing Sound Sports Imaging, LLC.
Last Modified: June 4, 2020.
SOUND SPORTS IMAGING, LLC, an Arizona limited liability (
or"We"), respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the websites
(collectively, our "Website") or use or access our web-based application (our “App”) as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On this Website;
In email, text, and other electronic messages between you and this Website;
Through our App, which provides dedicated browser-based interaction between you and the Company’s services; and/or
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
CHILDREN UNDER THE AGE OF 13
Our Website and App are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website or App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or otherwise provide any information on this Website or our App. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website and App, including information:
By which you may be personally identified, such as name, address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
About your images, videos, imaging software, image content, and related information;
Necessary to facilitate third-party online payment processing, such as credit card information; and/or
About your internet connection, the equipment you use to access our Website or App and usage details.
We collect this information:
Directly from you when you provide it to us;
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
From third parties, for example, our business partners.
Information You Provide to Us. The information we collect on or through our Website and App may include:
Information that you provide by filling in forms on our Website or App. This includes information provided at the time of subscribing to any of our services. We may also ask you for information when you report problems with our Website or App;
Records and copies of your correspondence (including email addresses), if you contact us;
Your responses to surveys that we might ask you to complete for research purposes;
Details of transactions you carry out through our Website or App, if any; and/or
Your search queries on the Website or App.
You may also provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website, App or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website or App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data and other communication data and the resources that you access and use on the Website.
Details on your use of the App.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See Choices About How We Use and Disclose Your Information for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
The information we collect automatically is statistical data and may include personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and App and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns;
Store information about your preferences, allowing us to customize our Website and App;
Speed up your searches;
Recognize you when you return to our Website;
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies).
Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information and location information:
To present our Website and App and their contents to you;
To provide you with information, products, or services that you request from us;
To fulfill any other purpose for which you provide it;
To provide you with notices about your subscription, if any, including expiration and renewal notices;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Website, App, or any products or services we offer or provide though it;
To allow you to participate in interactive features on our Website or App;
In any other way we may describe when you provide the information; and/or
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates;
To contractors, service providers, and other third parties we use to support our business;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred;
To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information; and/or
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's
Disclosure of Your Information for Third-Party Advertising.
If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by unchecking the relevant boxes or by sending us an email stating your request to
Promotional Offers from the Company.
If you do not wish to have your email address used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by checking or unchecking the relevant boxes or by sending us an email stating your request to
If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also opt-out by checking or unchecking the relevant boxes or by sending us an email stating your request to
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by emailing us at
You may also send us an email at
to correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website or App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access and use of information provided on the Website or App, including User Contributions, is governed by our Terms of Service [app.pocuspro.com/termsofservice].
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using commercially reasonable means.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App.